The Travel Ban Case and Nationwide Injunctions

Freeman, Wilson C.

Library of Congress. Congressional Research Service.

关键词: Judicial decisions;    Judicial power;    Law;    Injunctions;   

RP-ID  :  LSB10124
RP-ID  :  LSB10124_2018May02

美国|英语

来源: UNT Digital Library

【 摘 要 】

This report addresses when, if ever, a regional federal trial judge adjudicating a case involving the federal government can award nationwide injunctive relief--a court order that commands a party to take or refrain from taking some action throughout the country. In the context of a suit against the federal government, an injunction with this type of "universal" effect acts to effectively void the law or policy in question.This report briefly explores the nationwide injunction at issue in the travel ban case (Trump v. Hawaii) and surveys a handful of the scholarly and judicial arguments surrounding the nationwide injunction in general